Competition Terms and Conditions
Virgin Australia Flight Prize Voucher Giveaway at the 2022 Toyota AFL Semi Final (Melbourne) (the Promotion)
A. General
1. These terms and conditions, information on how to enter this Promotion, mechanics of entry and the Prizes all form part of these Terms and Conditions. Entry into this competition is deemed acceptance of these Terms and Conditions.
2. The Promoter (we, us or our) is Virgin Australia Airlines Pty Ltd (ABN 36 090 670 965) of registered address 275 Grey St, South Brisbane QLD 4101.
3. The Promotion commences at 8.00pm AEST on Friday 16 September 2022 and ends at 8.30pm Friday 16 September 2022 (Promotion Period).
B. Entry
4. All attendees with a valid ticket sitting in their allocated seat at the 2022 Toyota AFL Semi Final at the Melbourne Cricket Ground on Friday 16 September 2022 between 8:00pm AEST and 8:30pm AEST will be automatically entered into the Promotion (you or an Entrant).
5. There is a limit of one entry per person for the duration of the Promotion Period.
6. The directors, officers, management and employees (and their immediate families) of the Promoter and its related bodies corporate and agencies associated with this Promotion are not eligible to enter this Promotion.
C. Selecting Winners
7. A ‘row’ of seats at the Melbourne Cricket Ground will be pre-selected by the Promoter on 12 September 2022 at 9:00am at Grosvenor Place, Level 15, 225 George Street, Sydney NSW 2000. The row will be pre-selected because the LED signage at the ground is pre-programmed. However, the pre-selection applies only to the row. The Winners will not be known or notified until the announcement is made.
8. Each Entrant in the selected row, sitting in their allocated seat during the Promotion Period will be deemed a winner (a Winner). For the avoidance of doubt, Entrants who are not present in their allocated seat at the time of the announcement will not be a Winner and are ineligible to receive the Prize.
9. The Winners will be announced in the Melbourne Cricket Ground via big screen visuals and audio over loudspeakers after approximately 8:00pm AEST on 16 September 2022. A Winner will then be notified directly in person by Virgin Australia staff after approximately 8:30pm AEST on 16 September 2022.
10. All decisions of the Promoter are final and no discussions or correspondence will be entered into.
11. This is a game of chance. Skill plays no part in determining the Winners.
D. Prize
12. There is a maximum of up to 16 prizes to be won. Each Winner will be offered the Prize. The Prize consists of one Virgin Australia Flight Prize Voucher for one economy return flight for one person with Virgin Australia between two Australian domestic ports.
13. If a Winner of the Prize is under the age of 18 years, the Prize will be awarded to the Winner’s nominated parent or guardian on the Winner’s behalf and the nominated parent or guardian must accept the Prize on the Winner’s behalf.
14. The Prize will be accepted when you accept the envelope from the Virgin Australia staff member. If you do not accept the envelope, the Prize will be forfeited.
15. Each Prize’s total prize value is AUD $500 (including GST). Total prize pool value will be based on the number of seats in the selected winning row.
16. The Prize (i) is not exchangeable, transferable and cannot be taken as cash; (ii) is subject to the Virgin Australia Flight Prize Voucher terms and conditions printed on the prize voucher provided to you; (iii) must be used within 12 months from the date of issue or it will expire; (iv) will not be replaced if lost.
17. Any ancillary costs associated with redeeming the Virgin Australia Flight Prize Voucher are not included. A Winner is responsible for all other expenses, including accommodation, spending money, meals, drinks, transfers, laundry charges, activities, incidentals, taxes, energy surcharges, gratuities, service charges, passports, visas, travel insurance, and all other ancillary costs. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.
18. Any unused balance of the Virgin Australia Flight Prize Voucher will not be awarded as cash.
19. Any flights redeemed will be subject to Virgin Australia’s Conditions of Carriage.
20. A Winner is responsible for all other expenses, including accommodation, spending money, meals, drinks, transfers, laundry charges, activities, incidentals, taxes, energy surcharges, gratuities, service charges, passports, visas, travel insurance, and all other ancillary costs. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.
21. If the Prize (or part of the Prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize (or that part of the Prize) with a prize to the equal value and/or specification.
22. The Prize will be awarded to the Entrant sitting in the winning seat at the time that the Prize is distributed.
E. Entrant Consent and Verification
23. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a Winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products or services manufactured, distributed and/or supplied by the Promoter.
24. The Promoter reserves the right to request that a Winner provides proof of identity, proof of age, proof of residency and/or proof of entry validity and seat allocation in order to claim a prize. Proof of identification, residency, age, entry and seat allocation considered suitable for verification is at the discretion of the Promoter. In the event that a Winner cannot provide suitable proof, the Winner will forfeit the Prize in whole and no substitute will be offered.
25. The name, state and image of a Winner may be published on the Promoter’s or the AFL’s various social media channels, as well as the Promoter’s or AFL’s electronic marketing newsletters, websites and in newspapers after 16 September 2022.
F. Intellectual Property
26. Entrants agree that they are fully responsible for any materials they submit via the Promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that: (i) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (ii) their Content shall not contain viruses or cause injury or harm to any person or entity; (iii) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content; (iv) the Content is the original artistic and/or literary work of the entrant that does not infringe the rights of any third party; (v) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and (vi) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the Entrant agrees to indemnify the Promoter for any breach of the above terms.
27. As a condition of entering this Promotion, Entrants hereby assign to the Promoter, all right, title and interest in and to all intellectual property rights (including copyright but excluding moral rights) in any material created pursuant to the Entrant’s participation in any aspect of the Promotion (Works). Entrants acknowledge that the Promoter is free to use the Works and to exercise its rights in relation thereto and the Entrant will not be entitled to any fee for such use. Such use may include social media channels, publications including our inflight magazine, television commercials. Entrants agree they may not be attributed as the author of the Works and that the Promoter may undertake any act or omission in relation to the Works, which may otherwise constitute an infringement of their moral rights.
28. The Promoter may want a Winner to participate in promotional activity after the Promotion has ended. In consideration for the Promoter awarding the Prize to a Winner, the Winner permits the Winner’s image and/or voice, as recorded, photographed or filmed during the announcement of the Winners or the Winner’s acceptance or participation in the Prize to appear in any media whatsoever throughout the world for an unlimited period and the Winner will not be entitled to any fee for such use.
G. Tax
29. The Promoter will not be liable for any tax liability, including without limitation income tax, fringe benefits tax, or any liability or loss of opportunity due to reportable fringe benefits, incurred by a Winner, an Entrant, their employer and/or another party in regards to any connection with participating in the Promotion or the receipt or use of any prize.
30. Entrants, the Winner and/or another party will be required to pay any taxes and other airport-related charges (including any applicable GST on those taxes and charges) which may be due on receipt or use of the prize.
31. Entrants should seek independent financial advice to ensure they understand possible tax implications in relation to any tax liability and/or reportable fringe benefits before acceptance or use of a prize.
32. The Promoter does not accept responsibility for and makes no representations about any tax liability as a result of participating in the Promotion or from receiving or using any of the prizes.
33. The other party must ensure that all promotional and marketing material prepared by the other party relating to the Promotion sufficiently notifies Entrants of the above conditions.
34. The Promoter, its agents and associate companies are not responsible for and exclude all liability (including negligence) for any variation in the prize value to that stated in these Terms and Conditions.
H. Legal
35. The Promoter reserves the right to verify the validity of entries and to disqualify any entry which in the opinion of the Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any Entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms and Conditions or who has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or the Promoter. The Promoter reserves the right to disqualify a Winner if the Promoter becomes aware that the Winner and/or the Winner’s entry is of a type described in this clause. Any Entrant disqualified under this clause is prohibited from any further participation in the Promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
36. If there is a dispute as to the identity of an Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant.
37. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Promotion on the dates and in the manner described in these Terms and Conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Promotion and recommence it from the start on the same conditions, subject to any written directions given under State Regulation.
38. If for any reason this Promotion is not capable of running as planned, including due to infection by computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure, cancellation of the AFL game, or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available and to cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to any written direction given under State Regulation.
39. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act 2001 (Cth) in Australia, or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees). The Promoter and its associated agencies and companies (and their respective officers, employees and agents) exclude all liability (including negligence) except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, for any direct, indirect or consequential injury, loss and/or damage arising in any way in connection with this Promotion or any prize/s. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect or inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prizes; (iv) any variation in prize value to that stated in these Terms and Conditions; and (v) acceptance and/or use of any prize (including but not limited to any component of a Winner’s trip).
40. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of this Promotion. Any Entrant disqualified under this clause is prohibited from any further participation in the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
41. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, internet failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
42. Entrant’s personal information may be disclosed to State and Territory lottery departments and Winners’ names published as required under the relevant lottery legislation.
43. A request to access, update or correct any information should be directed to the Promoter.